OPINION and JUDGMENT filed : The judgment of the district court is REVERSED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. decision for publication. Karen Nelson Moore (CONCURRING IN THE OPINION AND JUDGMENT IN PART), John M. Rogers (AUTHORING), and David B. Sentelle, Circuit Judges. The Honorable David B. Sentelle, Senior Circuit Judge for the United States Court of Appeals for the District of Columbia Circuit, sitting by designation. [15-2308, 15-2362]